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Record W2581847993

'Essential Equivalence' and European Adequacy after Schrems: The Canadian Example

2017· article· en· W2581847993 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueSSRN Electronic Journal · 2017
Typearticle
Languageen
FieldSocial Sciences
TopicEuropean Criminal Justice and Data Protection
Canadian institutionsnot available
Fundersnot available
KeywordsEuropean unionPolitical scienceEconomic JusticeBusinessNational securityPublic administrationLawInternational trade
DOInot available

Abstract

fetched live from OpenAlex

In Schrems v. Data Protection Commissioner, the Court of Justice of the European Union found that national security surveillance by foreign countries undermines the privacy rights of Europeans. In so finding, the Court struck down the most important data transfer mechanism between the European Union and the United States. Much more than just derailing the EU-US Safe Harbor arrangement, this could spell the demise for every legal mechanism used to transfer data out of Europe, with significant implications on global trade. Already, a challenge to standard contractual clauses has been brought before the Court of Justice. Existing adequacy determinations for transfers to other countries could also be at risk, as it is doubtful that the European Commission explored government access when approving them. In the early 2000s, Canada gained adequate status on the basis of the Personal Information Protection and Electronic Documents Act (PIPEDA), an omnibus privacy law designed to keep pace with Europe and assure access to its market. But PIPEDA focused only on the data handling practices of Canada’s private sector, without limitations on national security access. Now it too seems vulnerable to the same attack. This article looks at Canada as a test case for the resilience of the other existing adequacy regimes. By exploring the national security apparatus in Canada, this article examines the new test for adequacy that flows from the Schrems ruling.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.005
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies, Scholarly communication
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.746
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0050.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0070.000
Scholarly communication0.0010.001
Open science0.0010.000
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.034
GPT teacher head0.302
Teacher spread0.268 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it